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(영문) 수원지방법원 2016.05.11 2015노7677

근로기준법위반등

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The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. The crime of this case committed by the Defendant’s employees with a total of at least 700 million won of wages and retirement allowances of more than 20 employees who worked for the Defendant’s management company, is not good in light of the number of victimized employees, the amount of overdue wages and retirement allowances, etc.

However, the Defendant recognized all of the crimes of this case and opposed thereto.

The Defendant appears to have committed the instant crime because it was unable to overcome the managerial crisis caused by external factors, such as withholding of investment in facilities, etc. in modern and early around 2013, and the Defendant attempted to pay wages and retirement allowances to his employees, and did not appear to have concealed his/her property or paid his/her dishonor intentionally.

After the crime of this case, at least KRW 400 million was recovered from substitute payment or retirement pension in the form of a substitute payment or retirement pension, and there is a possibility that the remainder will be substantially compensated in the company's bankruptcy proceedings.

I seem to appear.

The defendant does not want to punish the victimized workers by mutual consent between the victimized workers and the injured workers in the trial, and there is no criminal conviction against the defendant.

In addition, the lower court’s sentencing is determined to be appropriate, and it does not seem to be unfair because it is too low, in light of the following circumstances, comprehensively takes account of the Defendant’s age, sexual conduct, environment, motive, means, and consequence of the crime, and the circumstances after the crime.

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.